Ethics in E-Discovery: Part 1 of 4, Ethics Guidance Needed |
The recent withdrawal of Boies, Schiller & Flexner from the Adelphia bankruptcy case, due to alleged disclosure and conflict problems regarding a document-management company, highlights the profession’s need for clearer guidance in dealing with outside electronic discovery vendors.
Even the appearance of potential ethical problems associated with the provision of e-discovery services, particularly regarding the suddenly emergent third-party “industry” of non-legal providers, can become a sideshow in litigation, or worse. Unsettled ethical issues in this area can become traps for the unwary, potentially leading to extreme sanctions—disqualification, disgorgement of fees, disciplinary action and other damage to professional reputation.
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